Description

Criminal Litigation

QUESTION ONE

Police have long suspected that Hamid Hamil was a member of Al Shabab, a terrorist group operating from Kenya and Somalia. Hamid travelled to Somalia for a period of six months and returned to Kenya on 1 ^st August 2015. Police suspect that while in Somalia, Hamid received training on weapons and combat.

Upon his return, police tracked him down to a mosque in Lamu where he was delivering a lecture to the youth after prayers on one Friday. Police raided the mosque on suspicion that Hamid was in the process of radicalizing the youth and probably recruiting them into Al Shabab. Violent clashes ensued and several people were arrested and bundled into police lorries. Local media has confirmed through photos that Hamid is one of those who were arrested.

Hamid’s family travelled to Larnu from Nairobi the following day to check on him after hearing the news of his arrest. They checked at Lamu Police Station where those arrested had been detained but police informed them that he had not been booked there. He was also not among those who had been arraigned in court that morning. Efforts to know his whereabouts proved futile as the police refused to disclose his whereabouts.

The family has written to the Inspector General of Police and the Director of Public Prosecutions but have not received a response.

Malkia Hamil, the distraught mother of Hamid has now instructed you to take up the matter.

Draft the necessary documents for filing in court.               (20 marks)